Criticism on the Imperfect Practice of Provisional Measures in CAS AHD

A provisional measure is considered a procedural relief system. In view of the specialty of provisional measures in the Olympic Games CAS Ad Hoc Division (CAS AHD), the Olympic Games cases heard by the CAS AHD are explored. The statistics of the above cases tells that provisional measures have been rarely granted to the applicants, applying a conservative nature. The analysis shows that the conservative practice is basically the result of the normal application of the rules; however, this interpretability of the "judicial" practice does not solve the irrationality of the "legislative" practice. The controversial decisions reveal that the strict regulation of provisional measures in CAS rules was the important reason, and the strict regulation itself was also a conservative practice. Meanwhile, some arbitral tribunals misapplied the provisional measure beyond the scope to provisional suspension relating to anti-doping rule violation and rewrote the sport rules. Both of these practices undermine the authority of CAS, which does not help to achieve the purpose of protecting the applicant. In addition, they alienate the procedural law nature of the CAS provisional measures.